Sepahi Law Group, APChttp://sepahilaw.net
Tue, 27 Sep 2016 04:58:46 +0000en-UShourly1https://wordpress.org/?v=4.4.14Is There an Appeals Process for Arbitration?http://sepahilaw.net/appeals-process-arbitration/
Thu, 05 Feb 2015 09:00:47 +0000http://sepahilaw.net/?p=891Arbitration is a form of alternative dispute resolution that is commonly used in business transactions and for consumer complaints. Many contracts contain arbitration clauses that require disputes be submitted to binding arbitration. When an arbitrator hears a case and makes a decision on the issues, that decision is final unless the decision is appealed. Arbitration […]

]]>Arbitration is a form of alternative dispute resolution that is commonly used in business transactions and for consumer complaints. Many contracts contain arbitration clauses that require disputes be submitted to binding arbitration. When an arbitrator hears a case and makes a decision on the issues, that decision is final unless the decision is appealed. Arbitration is very different from mediation, which is usually voluntary and which relies on the parties with the disagreement to resolve their own issues.

A San Diego arbitration lawyer can help you to understand the appeals process for arbitration. Contact Sepahi Law Group, APC for help throughout the arbitration process and for assistance with appealing a decision that the arbitrator has made.

Understanding the Appeals Process for Arbitration

If you are not happy with a decision that was made by an arbitrator, you can contest the decision in court. The Federal Arbitration Act, as well as state laws, govern the appeals process for arbitration.

Some arbitration agreements require that an appellate arbitration panel review decisions when they have been contested by one of the parties to arbitration. However, even when this requirement exists, the decision made can still be appealed to the court if there are questions about whether the outcome was a fair and appropriate one.

The grounds for appealing a decision by an arbitrator are very limited. While you can take your case to court, the court is not going to substitute its own decision for the arbitrator’s ruling. In order for the arbitration decision to be overturned, you would need to make an argument that either:

The agreement to arbitrate the dispute is unfair or unconscionable.

The manner in which the arbitration took place was unconscionable or unfair.

Arbitration agreements are unconscionable if they are unreasonable in favoring the drafter. The court can carefully review the agreement and the process of arbitration in order to determine if all parties were treated fairly and if the process was appropriate. If the agreement or process of arbitration was clearly biased or benefited the interests of one party over the other, then the appeals process for arbitration may be successful.

The court can strike portions of arbitration agreements that it finds to be unfair, which may include some or all of the agreement. The court can also void or vacate the decision made by the arbitrator if it determines that the agreement or arbitration process were not fair to all parties. As part of the appeals process for arbitration, the court could release the parties from the agreement and allow the issue to be litigated instead of being decided in arbitration.

Binding arbitration is only effective if there are limited grounds on which agreements or decisions can be challenged. Parties to arbitration need to have some closure and certainty that the decision made by the arbitrator is a final one. This is why the appeals process for arbitration is limited.

A San Diego arbitration lawyer can help you to understand the appeals process for arbitration and assist in making a compelling argument to the court if you become involved in an arbitration appeal. Call today to speak with Sepahi Law Group, APC to learn more.

]]>How Do Legal Fees in a Class Action Work?http://sepahilaw.net/legal-fees-class-action-work/
Tue, 03 Feb 2015 09:00:03 +0000http://sepahilaw.net/?p=887Class action lawsuits allow groups of plaintiffs to take legal action against a common defendant. One case with many plaintiffs is brought. Class actions frequently settle out of court, although they can go to trial. Plaintiffs in a class action are compensated based on the terms of the settlement agreement or the damages awarded by a jury. […]

]]>Class action lawsuits allow groups of plaintiffs to take legal action against a common defendant. One case with many plaintiffs is brought. Class actions frequently settle out of court, although they can go to trial. Plaintiffs in a class action are compensated based on the terms of the settlement agreement or the damages awarded by a jury.

Whether you are a named plaintiff in a class action or you simply join as one member of a larger class, it is important to understand how legal fees in a class action work. A defendant in a class action who has been sued also needs to understand how legal fees are paid. A San Diego class action litigation lawyer at Sepahi Law Group, APC can provide you with information about class action costs and fees so you can make informed decisions about how to proceed with your legal issues.

How Do Legal Fees in a Class Action Work?

Defendants sued in a class action pay attorneys to represent them and generally cannot recover litigation costs even if the plaintiffs do not prevail in the class action, although there may be limited exceptions to this rule.

Plaintiffs, on the other hand, do not pay legal fees in a class action unless compensation is obtained by the attorneys representing the class. This means that plaintiffs benefit from being able to file a lawsuit without facing a significant risk of out-of-pocket expenses. Attorneys can also cover many of the costs associated with a class action and are compensated when the case is resolved.

Attorneys in class action lawsuits are typically paid out of the money that is recovered for the plaintiffs in the case. If the class action involved injunctive relief or involved a declaratory judgment rather than monetary compensation, those who hired the attorneys typically will pay the lawyers. Sometimes, the defendant who has been sued in this type of case will pay the legal bills.

When attorneys recover legal fees in a class action, those fees are frequently awarded as a percentage of the total money recovered. For example, an attorney may recover 25 percent of the total amount of money that the defendant paid out to settle the case or that the jury awarded. However, the percentage amount of fees that an attorney receives in a class action can vary depending upon many factors including the complexity of the case and the costs of litigation.

Attorneys fees in a class action are generally subject to court review and approval. This protects plaintiffs and ensures that the costs of litigating a class action case are reasonable.

The system for attorneys fees in class action lawsuits benefits plaintiffs by shifting the risk of loss to an attorney. If plaintiffs had to pay their own legal fees for every class action, regardless of the merits of the lawsuit, many people would be afraid to file a claim out of fear of being left with large lawyer bills.

To learn more about attorney fees in class actions and about other aspects of class action litigation, contact a San Diego class action lawyer at Sepahi Law Group, APC today for help.

]]>Confidentiality of the Arbitration Processhttp://sepahilaw.net/confidentiality-arbitration-process/
Thu, 29 Jan 2015 09:00:50 +0000http://sepahilaw.net/?p=870Many companies and individuals prefer arbitration to litigation because arbitration is considered to be more private. When you litigate a dispute, the court room may be open to the public and anyone can attend the hearings. The press may write about interesting business disputes and include details from the court hearings. The evidence presented at trial […]

]]>Many companies and individuals prefer arbitration to litigation because arbitration is considered to be more private. When you litigate a dispute, the court room may be open to the public and anyone can attend the hearings. The press may write about interesting business disputes and include details from the court hearings. The evidence presented at trial also becomes part of court records and may be accessible to the public. While it is possible to request a closed trial or a “gag order” to try to keep the details of litigation private, there is no guarantee that these options will be available to you.

Arbitration, on the other hand, can be conducted at closed meetings attended only by the arbitrator and the parties to the disagreement. It is possible to keep the public out and even to prevent news of the arbitration from becoming widely available. The process of arbitration is determined by agreement of the parties, so you can negotiate an arbitration procedure that places a premium on privacy. However, while arbitration is generally private, the confidentiality of the arbitration process is not necessarily guaranteed.

The Confidentiality of the Arbitration Process

Arbitration clauses in contracts may specify how arbitration is to take place. These contracts can attempt to guarantee the confidentiality of the arbitration process. The arbitration can be scheduled to occur at a private location and can exclude anyone from the proceeding who is not a part of the dispute. The arbitration process can also specify that the dispute and resolution should be kept confidential.

The parties can negotiate and agree on these terms when first beginning their business relationship or entering into a transaction and signing a contract. They can also agree on the terms of the process for arbitration at the time when a disagreement arises. In many cases, unfortunately, arbitration clauses are found in take-it-or-leave it contracts in which a company has created a contract and a consumer can either sign it and accept its terms or walk away. This means that an individual signing an arbitration agreement may not really have the ability to negotiate on the issue of the confidentiality of the arbitration process.

Even when a contract specifying confidentiality is signed, or when the disputing parties agree to keep the arbitration quiet, there is still no guarantee that there will not be public information shared. Witnesses may not agree to maintain confidentiality, and enforcing agreements promising secrecy are difficult to enforce.

In a 2001 California case, Foxgate Homeowners’ Ass’n, Inc. v. Bramalea California, Inc., the court ruled: “[T]here are no exceptions to the confidentiality of mediation communications…. Neither a mediator nor a party may reveal communications made during mediation.” However, the rules for arbitration may not be so clear cut. In fact, in numerous cases, the courts have decided that confidentiality clauses were unconscionable. In a 2003 case called Ting v. AT&T, for example, the court ruled that the confidentiality clause was unconscionable (and thus not enforceable) because AT&T was able to accumulate knowledge as it arbitrated disputes while its potential opponents did not have any access to precedent.

Confidentiality clauses in arbitration are not always unconscionable in California according to Davis v. O’Melveny & Myers, but it is important that they are written carefully so as not to be overly broad.

An experienced San Diego business lawyer will help you to explore options for maintaining the confidentiality of the arbitration process. Call today to schedule a consultation and learn more.

]]>How to Select an Arbitrator to Arbitrate Your Dispute?http://sepahilaw.net/select-arbitrator-arbitrate-dispute/
Tue, 27 Jan 2015 09:00:15 +0000http://sepahilaw.net/?p=862Many business disputes are resolved through arbitration. Some companies prefer arbitration to litigation as a means of limiting costs. Arbitration clauses are included in many standard form contracts, with parties free to either agree to arbitration or walk away from the transaction. Businesses can also negotiate on the issue of arbitrating disagreements when entering into […]

]]>Many business disputes are resolved through arbitration. Some companies prefer arbitration to litigation as a means of limiting costs. Arbitration clauses are included in many standard form contracts, with parties free to either agree to arbitration or walk away from the transaction. Businesses can also negotiate on the issue of arbitrating disagreements when entering into transactions, or can make a joint decision to arbitrate at the time when a conflict arises.

When you have agreed to arbitration, it is very important that you understand how to select an arbitrator to arbitrate your dispute. If the arbitration is binding, which it often is, the decision of the arbitrator is usually final and thus can have a profound impact on your rights. The process of selecting the arbitrator must be fair and you must make informed choices. An experienced San Diego arbitration lawyer at Sepahi Law Group, APC can help with the process and assist you throughout the arbitration. Call today to schedule a consultation and learn more.

How to Select an Arbitrator to Arbitrate Your Dispute?

The California Code of Civil procedure section 1281.6 addresses the issue of selecting an arbitrator to arbitrate your dispute. According to the relevant code provision, “if the arbitration agreement provides a method of appointing an arbitrator, that method shall be followed.” This means if the original contract specifies who will arbitrate or how to choose an arbitrator, you must follow the terms of this agreement.

If the agreement does not specify how to select an arbitrator to arbitrate your dispute, then it will be necessary for the parties having the disagreement to agree on an appropriate method of choosing an arbitrator. The parties should work hard to try to compromise and find someone to hear their case, as the longer it takes to agree on an arbitrator the more money they spend on legal fees and the more time they must spend living with the uncertainty of unresolved legal issues.

Sometimes, an agreement cannot be reached on how to select an arbitrator to arbitrate your dispute. In other situations, the method that was agreed upon fails or cannot be followed. If this happens, either party to the arbitration agreement can petition the court and ask the court to appoint a neutral arbitrator.

When asked to select an arbitrator, the court will nominate five people from a list of potential arbitrators. This list should be created by the parties to the arbitration working together; or should be obtained from a government agency that has a disinterested association with or concern for arbitration. When the court has provided a list, the parties have five days from the time they are notified to work together to jointly select an arbitrator. The parties don’t necessarily have to choose someone from the court’s list, unless they both agree they want to.

If five days have passed and no arbitrator has been chosen, the court will appoint one of its five nominees as the arbitrator. In bidding arbitration, those involved in the disagreement will thus have no choice but to abide by the decisions that this neutral third-party makes.

An experienced San Diego arbitration lawyer at Sepahi Law Group, APC can help with the process of choosing an arbitrator and making your case in arbitration. Call today to schedule a consultation and learn more.

]]>Can I Collect a Judgment Against a Dissolved Corporation?http://sepahilaw.net/can-collect-judgment-dissolved-corporation/
Thu, 22 Jan 2015 09:00:57 +0000http://sepahilaw.net/?p=853A corporation is a legal entity that is separate and distinct from its owners. The corporate identity is created when incorporation papers are filed and approved by the state of California. When the corporation is dissolved, it no longer exists as an entity. This can make it difficult to make claims against the corporation after […]

]]>A corporation is a legal entity that is separate and distinct from its owners. The corporate identity is created when incorporation papers are filed and approved by the state of California. When the corporation is dissolved, it no longer exists as an entity. This can make it difficult to make claims against the corporation after it has gone through the formal dissolution process. The corporate form generally protects owners and investors and limits their losses to the money that they invested into the business. As a result, someone trying to collect a judgment against a company that has closed usually cannot go after its owners.

If you have a judgment against an active corporation, you can enforce the judgment by going after business assets. When the corporation decides to dissolve, it is also possible to make a claim and try to obtain money as part of the process of the business winding up its affairs. Once the corporation has dissolved, however, it becomes more difficult to try to collect on a judgment. While it is challenging, however, it is not always impossible to collect a judgment against a dissolved corporation. Your ability to collect will depend upon the specific circumstances. An experienced San Diego business lawyer at Sepahi Law Group, APC can review your situation, advise you of your options and assist you in taking all available steps to collect a judgment against a dissolved corporation.

How to Collect a Judgment Against a Dissolved Corporation

In California, causes of action against a dissolved corporation can be enforced against:

The dissolved corporation, if it has undistributed assets available to satisfy claims.

Shareholders, if assets of the dissolved corporation have been distributed to the shareholders.

The California Corporations Code section 2011 makes clear that insurance assets belonging to the dissolved corporation can be used to satisfy outstanding claims. When corporate assets are distributed to shareholders as a part of the process of dissolving the corporation, it is possible to bring an action against the shareholders when trying to collect a judgment against a dissolved corporation. However, the potential liability of shareholders is limited. The shareholders total liability cannot exceed the amount of corporate assets that the shareholder received as part of the dissolution process.

There is a limited period of time in which you may try to enforce a judgment against a dissolved corporation. In general, any lawsuit against a shareholder to try to recover assets received during the dissolution process has to be filed within four years of the time that the corporation was dissolved. The lawsuit must also be brought within the statute of limitations that applies to the underlying legal action. It is important to act within the time limit to try to enforce the judgment or any efforts to collect your funds may be time-barred.

An experienced San Diego business lawyer can assist with the process of exploring options to collect a judgment against a dissolved corporation. Do not hesitate to contact Sepahi Law Group, APC for help taking the necessary legal steps to get the money you deserve.

]]>What is the Cost of Arbitration?http://sepahilaw.net/cost-arbitration/
Tue, 20 Jan 2015 09:00:08 +0000http://sepahilaw.net/?p=846Arbitration is a form of alternative dispute resolution that is frequently used in business litigation. It is very common for commercial contracts to contain arbitration clauses requiring that all disputes arising from the commercial transaction be resolved in arbitration. Parties who become involved in a disagreement may also decide at the time of the conflict […]

]]>Arbitration is a form of alternative dispute resolution that is frequently used in business litigation. It is very common for commercial contracts to contain arbitration clauses requiring that all disputes arising from the commercial transaction be resolved in arbitration. Parties who become involved in a disagreement may also decide at the time of the conflict that arbitration is a better way of resolving their case than going to court.

There are many benefits associated with arbitrating a dispute. For example, arbitration can keep your dispute private and make it possible for you to have someone familiar with your industry preside over your case. However, you also need to be aware that arbitration may have costs associated with the process. It is important to consider the cost of arbitration before you decide that this approach is the right one for you to take. An experienced San Diego business law attorney can assist you throughout the arbitration process and help you to do everything possible to manage the cost of arbitration.

What is the Cost of Arbitration?

The cost of arbitration varies depending upon the circumstances. If the arbitration is ordered by the court at a case management conference or after a stipulation, then the court may pay for the costs. According to the Superior Court of California, County of San Diego, the court will pay the arbitrator presiding over court-ordered arbitration a maximum of $150 for up to four hours, and a maximum of $300 regardless of the number of sessions that the arbitrator and disputing parties attend. The court pays for the costs only in situations where the parties involved in the disagreement choose to use an arbitrator on the court’s Arbitration Panel.

When the arbitration is not court ordered, then the court does not pay the fees and costs of arbitration. In many business disputes, the arbitration is not mandated by the court. Instead, the dispute has to be decided in arbitration due to an arbitration clause the parties signed, or the parties agree to submit to non-binding arbitration to keep their case from going to trial.

Most arbitrators will charge by the hour when parties submit a dispute to arbitration. The costs of the arbitrator’s time can vary significantly depending upon the arbitrator’s background, training and qualifications. The Superior Court of California estimates that the hourly fees for an arbitrator usually range from between $200 per hour to $1,000 per hour. The costs and fees may be higher in situations where you choose an arbitrator who not only has the necessary legal-specific know-how to resolve the case but who also has a background in and understanding of your particular field or industry.

When paying by the hour, it is possible to try to reduce the cost of arbitration by resolving some of the disputed issues on your own. If you can try to come to an agreement about most or all of the points of conflict, then your arbitrator can make decisions on fewer issues and the process will go quicker, thus saving you money.

A San Diego arbitration law attorney at Sepahi Law Group, APC will work hard to keep you to manage the cost of arbitration while presenting a compelling case to the arbitrator. Call today to schedule a consultation and learn more.

]]>Do You Need to Dissolve a Corporation That Never Did Any Business?http://sepahilaw.net/need-dissolve-corporation-never-business/
Thu, 15 Jan 2015 09:00:27 +0000http://sepahilaw.net/?p=838When you file paperwork for your business to become a California corporation, your company gets its own identity. The corporation exists as an independent “person” under the law. The corporation also has ongoing obligations that it must fulfill. If the company does not do all of the things required of it each year, you could […]

]]>When you file paperwork for your business to become a California corporation, your company gets its own identity. The corporation exists as an independent “person” under the law. The corporation also has ongoing obligations that it must fulfill. If the company does not do all of the things required of it each year, you could find yourself responsible for the resultant fees under certain circumstances.

If you decide that you do not wish to do business after you have incorporated, you still need to take the formal legal steps to dissolve the business. Although many people do not realize it is necessary to dissolve a corporation that never did any business, the reality is that there are serious consequences for just abandoning the company. A San Diego business law attorney can assist with the process of formally dissolving your corporation so the business ceases to exist and has no further legal duties.

Why You Need to Dissolve a Corporation that Never Did Any Business

It is necessary to dissolve a corporation that never did any business because every corporation in the state of California has ongoing duties. These obligations are not triggered by the company providing products or services or opening its doors to customers. Instead, the obligations for the corporate entity are created as soon as the corporate forms are filed and accepted by the state.

Under California law, every corporation must comply with reporting requirements and must pay a franchise tax for as long as it continues to exist. If you ignore the franchise tax requirements, the business will get repeated notices and eventually it could be suspended. However, even if the business does end up being suspended, the company will still owe the franchise tax to the state.

Corporate owners and directors generally are not personally liable for debts of the business, including the franchise tax. However, if you took out any of the assets of the business, including any money or property, then you might be required to pay the corporation back so that the franchise taxes and other costs could be paid. You could be responsible for compensating the business up to the value of the assets withdrawn.

It is not worth incurring taxes, fees and other costs associated with keeping open a corporation that never did business and that you do not plan to do business with in the future. Instead, you should go through the formal process of dissolving the company. It is not that complicated to dissolve a corporation that never did any business provided that the organization has no outstanding debts (like unpaid franchise taxes). The sooner you act to end the company permanently by filing appropriate paperwork, the less complicated the process of dissolving the corporation will be, and the less chance you take of having legal problems later.

An experienced San Diego business lawyer at Sepahi Law Group, APC can help you to dissolve your business. Call today to schedule a consultation and get the process started so you can move on without the abandoned corporation hanging over your head.

]]>Are Zoning Issues Covered By Title Insurance in California?http://sepahilaw.net/zoning-issues-covered-title-insurance-california/
Tue, 13 Jan 2015 09:00:17 +0000http://sepahilaw.net/?p=823Title insurance is purchased when property is bought or sold. Title insurance protects the buyers in case there is a defect in the title that results in expenses to the owner or that reduces the value of the property. When a mortgage is used to purchase property, lenders title insurance is generally also required as a […]

]]>Title insurance is purchased when property is bought or sold. Title insurance protects the buyers in case there is a defect in the title that results in expenses to the owner or that reduces the value of the property. When a mortgage is used to purchase property, lenders title insurance is generally also required as a condition of obtaining the mortgage loan.

Title insurance covers many different things, such as liens on the property or easements that are attached to the property. However, title insurance does not necessarily cover every single problem that could arise when it comes to your ability to use the property as desired. It is important to understand what is covered by title insurance in California when you purchase a title insurance policy. An experienced San Diego real estate lawyer at Sepahi Law Group, APC can advise you of your legal options and of the protections that title insurance provides to you. Call today to schedule a consultation and learn more.

Are Zoning Issues Covered by Title Insurance in California?

Zoning laws can have a major impact on what you are permitted to do within the property that you buy. Zoning is the way that government authorities control how property is used and how land is developed. Depending upon where you live, the zoning laws may be quite restrictive. For example:

Zoning laws specify whether a tract of land can be used for industrial, commercial, recreational or residential purposes.

Zoning laws specify the density of homes and buildings that can be built. For example, zoning laws may restrict you to building only a detached single family home and may prohibit the construction of a duplex or apartment.

Zoning laws may regulate the dimensional requirements for buildings on lots, and may limit how large buildings can be both in terms of height and in terms of the percentage of the property that the building takes up.

Zoning laws can impose limits on the types of animals that you can have within your home. For example, zoning may prohibit chickens or horses.

Although zoning laws affect the ability to use and enjoy the property, some standard title insurance policies do not provide coverage for zoning issues. This means that if you find out after you have purchased the property that you cannot do what you want to based on the zoning laws, your title insurance is usually not going to help you.

The Los Angeles County Bar Association lists “violations of zoning or environmental protection laws” as a common exclusion from title insurance policies. This means that if you buy a property that is being used for a specific purpose and later discover that it is in violation of zoning laws, your title insurance is typically not going to provide coverage. For example, if you buy a home that the owners are using as a horse farm but it turns out that zoning does not allow horses, you cannot typically make a claim on a title insurance policy.

While zoning issues are a common exclusion, this does not mean that zoning problems are not ever covered by title insurance in California. You may be able to find a title insurance policy that includes coverage for zoning or that offers this type of coverage as an endorsement or attachment. This means you would pay more for extra coverage to ensure you had protection in case the zoning laws had an adverse impact on your enjoyment of your property.

A San Diego real estate lawyer at Sepahi Law Group, APC can advise you on what is covered by title insurance in California and on zoning issues you are likely to face. Call today to schedule a consultation and learn more.

]]>Free Report: What Can a Creditor Do to Collect Debt in Californiahttp://sepahilaw.net/free-report-can-creditor-collect-debt-california/
Tue, 13 Jan 2015 02:39:44 +0000http://sepahilaw.net/?p=880Creditors need to consult with an attorney for advice on the legal steps they may take to try to collect a debt, while those who owe money may also need legal assistance in dealing with creditor actions. Creditors and debtors have a contractual relationship. The debtor agrees to repay money that the creditor lends, based […]

Creditors need to consult with an attorney for advice on the legal steps they may take to try to collect a debt, while those who owe money may also need legal assistance in dealing with creditor actions.

Creditors and debtors have a contractual relationship. The debtor agrees to repay money that the creditor lends, based on the terms of their specific contract. The contract may take the form of an agreement that a debtor signs when he applies for a credit card. Mortgage loan documents are also a form of a contract that specify the terms of repayment and that dictate the cost of borrowing and the consequences of default.

]]>What is Commercial Litigation in California?http://sepahilaw.net/commercial-litigation-california/
Thu, 08 Jan 2015 09:00:10 +0000http://sepahilaw.net/?p=831There are a huge number of laws on the state and federal level that apply to business transactions. These laws range from the Securities Act of 1933 to the anti-discrimination provisions of Title VII of the Civil Rights Act to wage and hour laws to the Uniform Commercial Code. Some laws impose limitations on businesses […]

]]>There are a huge number of laws on the state and federal level that apply to business transactions. These laws range from the Securities Act of 1933 to the anti-discrimination provisions of Title VII of the Civil Rights Act to wage and hour laws to the Uniform Commercial Code. Some laws impose limitations on businesses and others govern commercial transactions and vest rights in commercial enterprises. The laws not only establish the obligations that businesses have to the public, but also address the relationships between different commercial enterprises.

In some cases, disputes arise when business transactions occur. These disputes are resolved by using the legal system and applying state and federal laws relevant to the issue. The process of taking legal action because of a dispute involving a business transaction is referred to as commercial litigation. An experienced San Diego business lawyer at Sepahi Law Group, APC can help you if you become involved in commercial litigation in California. Call today to schedule a consultation and learn more.

What is Commercial Litigation in California?

Commercial litigation in California is very broad because commercial laws have been established regulating almost every aspect of doing business. Commercial litigation can arise from laws related to:

Banking

Advertising and marketing

Bankruptcy

Contracts

Intellectual property

Debt collection

Securities transactions

Trade

Consumer protection

Consumer fraud

A business can be a plaintiff or a defendant in a commercial litigation action. For example, a company could file a lawsuit to protect its intellectual property right if someone has taken the company’s copyrighted material or is producing a patented invention without permission. A business could also be named as a defendant in a lawsuit for breach of warranty; deceptive marketing or violations of securities laws that have an adverse impact on shareholders.

Litigation arising out of commercial laws may be filed in state court or in federal court, depending upon the law applicable to the dispute. If the litigation arises from federal law or if the parties are from different states and more than $75,000 is at stake, then the case can be heard in federal court. If the litigation arises from state law, then the case can be heard in state court.

A commercial litigation case can be filed by an individual against a company, a company against an individual, or one business against another. Many cases end up settling outside of court after the parties negotiate an agreement, while other types of commercial disputes are resolved through alternative dispute resolution. Contracts frequently contain arbitration clauses, for example, in order to prevent legal disputes from ending up in court.

When your case does go to court, it is imperative you are resented by an experienced San Diego business lawyer who has a track record of successfully representing clients involved in commercial litigation in California. Your attorney can help you to understand the legal issues at stake in your case and can help you to conduct an investigation, find witnesses and put together the strong possible claim. Call the Sepahi Law Group today to learn more about how a lawyer can represent you.